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HomeMy WebLinkAboutPC Res 04-43 - 2004-08-18 RESOLUTION NUMBER 04-43 ORIGINAL A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONE TEXT AMENDMENT 04-3, AMENDING ARTICLES 3, 4,5, 7,8, 10, 18 AND 23 OF TITLE 28 OF THE CODE OF THE CITY OF SEAL BEACH TO CHANGE OF TITLE OF THE CURRENT RESIDENTIAL LOW DENSITY (RLD) ZONING PROVISIONS (SECTION 28-400 THROUGH 28- 407) TO RESIDENTIAL LOW DENSITY - 5000 (RLD 5000); TO ESTABLISH THE RESIDENTIAL LOW DENSITY - 3000 (RLD - 3000) ZONE, SECTIONS 28-450 THROUGH 28- 456; AND TO MAKE OTHER CONFORMING AMENDMENTS THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. On January 12, 2004 the City Council considered a Staff Report and determined to adopt Ordinance Number 1514, An Interim Ordinance of the City of Seal Beach Enacted Pursuant to California Government Code Section 65858 Prohibiting the Issuance of Building Pennits and Other Land Use Entitlements for any Additions to Dwelling Units in the Bridgeport Area During the Pendency of the City's Review and Adoption of Penn anent Zoning Regulations for Such Uses and Declaring the Urgency Thereof. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15305 and ~ II.B of the City's Local CEQA Guidelines, staff has detennined as follows: The application for Zone Text Amendment 04-3 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to Section 15305 - Minor alterations in land use limitations in areas with an average slope less than 20%, which do not result in any changes in land use or density; and Section 15061 (b )(3) - Review for Exemptions, because it can be seen with certainty that there is no possibility that the approval may have a significant effect on the environment. Section 3. A duly noticed public hearing was held by the Planning Commission on August 18, 2004 to consider Zone Text Amendment 04-3. At the public hearing, the Planning Commission invited and considered any and all testimony offered in favor or opposition to said zone text amendment. Section 4. The record of the hearing of August 18, 2004 indicates the following: (a) On January 12, 2004 the City Council considered a Staff Report and determined to adopt Ordinance Number 1514, An Interim Ordinance of the City of Seal Beach Enacted Pursuant to CalIfornia Government Code Section 65858 Prohibiting the Issuance of Building Permits and Other Land Use Entitlements for any Additions to Dwelling Units in the Bridgeport Area During the Pendency of the City's Review and Adoption of Permanent Zoning Regulations for Such Uses and Declaring the Urgency Thereof. (b) The subject properties are located in the Residential Low Density, District II zoned area of the City. The development standards for this area are Z \Canncn_data\PC Resoluhon&\2004 PC Res\Res 04-43 ZTA 04-3 Bndgl,'Port Zonmg doc\LW\08-18-04 ~ ' ... Planning ComnusslOn ResolutIOn 04-43 Zone Text Amendment 04-3 RLD - 5000 and RLD - 3000 Zomng Districl RegulatIOns August J 8, 2004 substantially similar to the development standards for the Low Density Residential, District V zoning standards, which are applicable to the 5,000 square foot lots of the "Hill" area of the City. (c) The current RLD District II development standards do not comport with the standards established by the City Council adoption of PP-1-66, and the subject properties have been developed in accordance with the provisions of PP-I-66. Bridgeport/Suburbia does not have garages on the front; they are located off alleys to the rear of the properties. The District II regulations only contemplate a front-entry or side- entry garage. All of the residences in Bridgeport/Suburbia are built with a zero lot line on one side of the property, while the District II regulations do not allow this situation to exist. (d) Tracts No. 6345 and 6346 are subject to recorded CC&R's regulating uses of property and setting forth additional development standards that are inconsistent with the provisions of the Residential Low Density, District II Zoning standards, and are also inconsistent with the provisions of Ordinance No. 700 and Ordinance No. 780. Between 1968 and 1998 the CC&R's provided for an "Architectural Committee" to review and approve development plans within these tracts, and that committee is not longer legally constituted. This lack of architectural review to ensure compliance with the terms of the recorded CC&R's has caused confusion between the property owners of parcels within these tracts and the City as to what development standards the City will enforce when reviewing requests for development in Tract No. 6345 and Tract No. 6346. ( e) On March 17, 2004 the Planning Department staff conducted an initial Public Infonnation Meeting regarding this issue. At the conclusion ofthat meeting it was detennined to schedule another meeting to allow staff to present to the neighborhood a set of proposed development standards that would closely follow the current development pattern for Bridgeport as established by the previous Precise Plan approvals and the recorded CC&R's. (t) On April 12, 2004 the Planning Department staff conducted their second Public Information Meeting regarding the issue. At this meeting a "Preliminary Draft Residential Low Density 3000" zoning classification and proposed development standards was presented to the neighborhood and responses to questions were provided both written and orally. Based on the questions and comments a revised "Final Draft Residential Low Density 3000" zoning classification and proposed development standards was prepared for final presentation to the neighborhood. (g) On July 7, 2004 the Planning Department staff conducted their third Public Information Meeting regarding the issue. At this meeting a "Final Draft Residential Low Density 3000" zoning classification and proposed development standards was presented to the neighborhood and responses to questions were provided both written and orally. Based on the input from the neighborhood, staff determined to proceed with the required public hearings to implement the necessary changes to the Zoning Ordinance and Zoning Map to address the development standards inconsistency that exist with the current Zoning Ordinance standards as applied to the Bridgeport area. (h) The "Residential Low Density 3000" zoning classification and proposed development standards closely adhere to the standards established by Precise Plan 1-66 and the applicable CC&Rs for each tract within the Bridgeport Area (Tracts 6345, 6346 and 9814). To ensure that future Planning Department and Building DepaI1ment staff, and the future owners of properties in Bridgeport have a clear indication in the Zoning Ordinance as to the required development standards that are applicable to each tract, a separate table is incorporated into the zoning ordinance that sets forth the major development standards imposed either by Precise Plan 1-66 or the applicable CC&R documents. Res 04-43 ZT A 04-3 Bndgeport Zonmg doc 2 .. Planmng CommIssion Resolution 04-43 Zone Text Amendment 04-3 RLD - 5000 and RLD - 3000 Zomng Dlstnct RegulatLOns August 18, 2004 (i) The proposed ordinance revisions are consistent with the 67% lot coverage provisions of the Riverfront Redevelopment Plan, and therefore no amendments to the Riverfront Redevelopment Plan are required. G) Other technical revisions to the zoning ordinance are also proposed to maintain internal consistency within the document based on the proposed amendments discussed above. Those technical amendments affect Paragraph (a) of Subsection 2 of Section 28-300; Subsection 1 of Section 28-506; Paragraph (1) of subsection A of Section 28-700; Paragraph (1) of subsection B of Section 28-700; Paragraph (1) of subsection A of Section 28-800; Paragraph (1) of subsection B of Section 28-800; the title of Article 10; Subsection 1 of Section 28-1804; Paragraph (a) of subsection 2 of Section 28-1804; and Subsections 1 and 2 of Section 28-2316 of the Zoning Ordinance. (k) At said public hearing there was oral and written testimony and evidence received by the Planning Commission. Section 5. Based upon the facts contained in the record, including those stated in ~ 4 of this resolution and pursuant to ~~ 28-2600 of the City's Code, the Planning Commission makes the following findings: (a) Zoning Text Amendment 04-3 is consistent with the provisions of the various elements of the City's General Plan. Accordingly, the proposed use is consistent with the General Plan. The proposed amendment is administrative in nature and will not result in changes inconsistent with the existing provisions of the General Plan. (b) The proposed text amendment will revise the City's zoning ordinance and enhance the ability of the City to ensure orderly and planned development in the City through an amendment of the zoning requirements. Specifically, this amendment would: (1) Establish a new residential development zone, Residential Low Density - 3000 (RLD - 3000), proposed Sections 28-450 through 28-456, that will establish development standards for the Bridgeport area of the community that are consistent with the provisions of "Precise Plans" approved for development in this area in the late 1960's and with the recorded Covenants, Conditions and Restrictions (CC&R's) for the three subdivisions that comprise the Bridgeport area. (2) Revise the current Residential Low Density (RLD) zoning provisions (Section 28-400 through 28-407) to a new Residential Low Density - 5000 (RLD - 5000) zone that will maintain the same development standards for the areas of the City located in such zone (Le., the Gold Coast, the Hill, College Park East and College Park West). Only the name designation of this zoning district is proposed to be changed. (3) Approve technical revisions to the zoning ordinance to maintain internal consistency within the document based on the proposed amendments discussed above. Those technical amendments affect Paragraph (a) of Subsection 2 of Section 28-300; Subsection 1 of Section 28-506; Paragraph (1) of subsection A of Section 28-700; Paragraph (1) of subsection B of Section 28-700; Paragraph (1) of subsection A of Section 28-800; Paragraph (1) of subsection B of Section 28-800; the title of Article 10; Subsection 1 of Section 28-1804; Paragraph (a) of subsection 2 of Section 28-1804; and Subsections 1 and 2 of Section 28-2316 of the Zoning Ordinance. Section 6. Based upon the foregoing, the Planning Commission hereby recommends approval of Zoning Text Amendment 04-3 to the City Council as set forth on Exhibit A, attached to this resolution and incorporated herein. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 18th day of August 2004, by the following vote. Res 04-43 ZT A 04-3 Bndgeport Zomng doc 3 Planning CommIssIOn ResolutIOn 04-43 Zone Text Amendment 04-3 RLD - 5000 and RLD - 3000 Zomng DistrIct RegulallOns August J 8, 2004 AYES: Commissioners DEATON, LADNER, ROBERTS, SHANKS, AND SHARP NOES: Commissioners NONE ABSENT: Commissioners NONE ~ee Whittenberg Secretary, Planning Commission **** Res 04-43 ZTA 04-3 Blidgeport Zoning doc 4 Planmng Commission ResolutIOn 04-43 Zone Text Amendment 04-3 RLD - 5000 and RLD - 3000 Zoning District RegulatIOns Augusl 18, 2004 "EXHIBIT A" ORDINANCE NUMBER , AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE CODE OF THE CITY OF SEAL BEACH TO CHANGE THE TITLE OF THE CURRENT RESIDENTIAL LOW DENSITY (RLD) ZONING PROVISIONS TO RESIDENTIAL LOW DENSITY - 5000 (RLD - 5000); TO ESTABLISH THE RESIDENTIAL LOW DENSITY - 3000 (RLD - 3000) ZONE, SECTIONS 28-450 THROUGH 28- 456; AND TO MAKE OTHER CONFORMING AMENDMENTS Res 04-43 ZT A 04-3 Bndgeport Zomng doc 5 . Planning CommissIOn Resolulion 04-43 Zone Text Amendment 04-3 RLD - 5000 and RLD - 3000 Zoning District RegulatIOns August 18, 2004 ORDINANCE NUMBER AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE CODE OF THE CITY OF SEAL BEACH TO CHANGE THE TITLE OF THE CURRENT RESIDENTIAL LOW DENSITY (RLD) ZONING PROVISIONS TO RESIDENTIAL LOW DENSITY - 5000 (RLD - 5000); TO ESTABLISH THE RESIDENTIAL LOW DENSITY - 3000 (RLD - 3000) ZONE, SECTIONS 28-450 THROUGH 28-456; AND TO MAKE OTHER CONFORMING AMENDMENTS WHEREAS, On January 12, 2004 the City Council considered a Staff Rep0l1 and detennined to adopt Ordinance Number 1514, An Interim Ordinance of the City of Seal Beach Enacted Pursuant to California Government Code Section 65858 Prohibiting the Issuance of Building Permits and Other Land Use Entitlements for any Additions to Dwelling Units in the Bridgeport Area During the Pendency of the City's Review and Adoption of Pennanent Zoning Regulations for Such Uses and Declaring the Urgency Thereof; and WHEREAS, The subject properties are located in the Residential Low Density, District II zoned area of the City. The development standards for this area are substantially similar to the development standards for the Low Density Residential, District V zoning standards, which are applicable to the 5,000 square foot lots of the "Hill" area of the City, and WHEREAS, The current RLD District II development standards do not comport with the standards established by the City Council adoption of PP-1-66, and the subject properties have been developed in accordance with the provisions of PP-I-66. Bridgeport/Suburbia does not have garages on the front; they are located off alleys to the rear of the properties. The District II regulations only contemplate a front-entry or side- entry garage. All of the residences in Bridgeport/Suburbia are built with a zero lot line on one side of the property, while the District II regulations do not allow this situation to exist; and WHEREAS, Tracts No. 6345 and 6346 are subject to recorded CC&R's regulating uses of property and setting forth additional development standards that are inconsistent with the provisions of the Residential Low Density, District II Zoning standards, and are also inconsistent with the provisions of Ordinance No. 700 and Ordinance No. 780. Between 1968 and 1998 the CC&R's provided for an "Architectural Committee" to review and approve development plans within these tracts, and that committee is not longer legally constituted. This lack of architectural review to ensure compliance with the tenns of the recorded CC&R's has caused confusion between the property owners of parcels within these tracts and the City as to what development standards the City will enforce when reviewing requests for development in Tract No. 6345 and Tract No. 6346; and WHEREAS, On March 17, 2004 the Planning Department staff conducted an initial Public Information Meeting regarding this issue. At the conclusion ofthat meeting it was determined to schedule another meeting to allow staff to present to the neighborhood a set of proposed development standards that would closely follow the current development pattern for Bridgeport as established by the previous Precise Plan approvals and the recorded CC&R's; and Res 04-43 ZT A 04-3 Bndgeport Zomng doc 6 Planning CommissIOn Resolution 04-43 Zone Text Amendment 04-3 RLD - 5000 and RLD - 3000 ZOning District RegulallOns August 18. 2004 WHEREAS, On April 12, 2004 the Planning Department staff conducted their second Public Information Meeting regarding the issue. At this meeting a "Preliminary Draft Residential Low Density 3000" zoning classification and proposed development standards was presented to the neighborhood and responses to questions were provided both written and orally. Based on the questions and comments a revised "Final Draft Residential Low Density 3000" zoning classification and proposed development standards was prepared for final presentation to the neighborhood; and WHEREAS, On July 7, 2004 the Planning Department staff conducted their third Public Infonnation Meeting regarding the issue. At this meeting a "Final Draft Residential Low Density 3000" zoning classification and proposed development standards was presented to the neighborhood and responses to questions were provided both written and. . Based on the input from the neighborhood, staff detennined to proceed with the required public hearings to implement the necessary changes to the Zoning Ordinance and Zoning Map to address the development standards inconsistency that exist with the current zoning Ordinance standards as applied to the Bridgeport area; and WHEREAS, The "Residential Low Density 3000" zoning classification and proposed development standards closely adhere to the standards established by Precise Plan 1-66 and the applicable CC&Rs for each tract within the Bridgeport Area (Tracts 6345, 6346 and 9814). To ensure that future Planning Department and Building Department staff, and the future owners of properties in Bridgeport have a clear indication in the Zoning Ordinance as to the required development standards that are applicable to each tract, a separate table is incorporated into the zoning ordinance that sets forth the major development standards imposed either by Precise Plan 1-66 or the applicable CC&R documents; and WHEREAS, The Planning Commission conducted a public hearing regarding Zone Text Amendment 04-3 on August 18, 2004 and has recommended approval of said Zone Text Amendment through the adoption of Planning Commission Resolution 04-43; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section I. Section 28-300.2(a) of Article 3 of Title 28 of The Code of The City of Seal Beach is amended to read as follows: "(2) The zones are described as follows: (a) RLD (i) (ii) Residential low density zones; RLD - 5000 Residential Low Density Zone RLD - 3000 Residential Low Density Zone" Section 2. Article 4 of Title 28 of The Code of The City of Seal Beach is hereby deleted in its entirety and replaced with the following: "Article 4. Residential Low Density Zone - 5000 (RLD - 5000 Zone) Section 28-400. A. Permitted Uses. (1) One dwelling unit on each lot of record; (2) Accessory buildings or structures including private garages to accommodate not more than 3 automobiles; (3) Flower and vegetable gardening; Res 04-43 ZTA 04-3 Blldgeport Zomng doe 7 Plannmg Commission Resolution 04-43 Zone Text Amendment 04-3 RLD - 5000 and RLD - 3000 ZOllmg Dlstnct RegulatlOllS August 18, 2004 (4) Animals; Animals and fowl as provided in Title 7,Chapter 7.05, (5) Home occupations; (6) Twenty-four hour foster care homes; (7) Small family day care homes, caring for up to 6 children; (8) Mobile homes in a mobile home park established by the issuance of an unclassified use permit; (9) Swimming pool used solely by persons residing on the site and their guests: (a) Pool setbacks: (i) Side property line - 4 feet. (ii) Rear property line - 4 feet. (b) Mechanical pool equipment: (i) Setback 1 foot from property line and 10 feet from neighboring residence, or 8 feet from neighboring residence with sound attenuation approved by City staff. (ii) Heater vent not to extend more than 6 inches above the nearest wall or fence. (10) Second Dwelling Units, pursuant to the requirements of Section 28-407. B. Conditionally Permitted Uses. (I) Garages with more than 3 parking spaces; (2) Public utility buildings; (3) Private churches, museums, libraries, schools and colleges; (4) Large family day care homes, caring for 7 to 12 children subject to the following regulations: (a) 75 square feet of outdoor play area, and 35 square feet of indoor play area shall be provided per child. The outdoor play area shall be contiguous usable area, enclosed by a 6-foot high masonry wall. Any gate entry shall be securely fastened and self- closing. (b) Large family day care homes shall be operated in a manner not exceeding the noise levels of the City of Seal Beach Noise Ordinance, nor shall such day care homes be operated in a manner that constitutes a noise nuisance to neighboring properties. (c) A permit shall not be granted for a large family day care home that would be established within a 300 foot radius of any existing licensed large family day care home, and within 500 feet of an existing licensed large family day care home on the street for which the home is proposed. (d) All large family day care homes shall comply with all regulations adopted and enforced by the State Res 04-43 ZTA 04-3 BndgcpOlI Zomng doc 8 Planlllllg COI1UnlSSlOn ResolullOIl 04-43 Zone Text Amendmenl 04-3 RLD - 5000 and RLD - 3000 Zoning District Regulaliol1s August 18, 2004 Fire Marshall and the Orange County Fire Department. (e) The applicant shall submit a copy of the Orange County Social Services License prior to the operation of the day care facility. (f) The applicant shall obtain a City business license prior to the operation ofthe day care facility. (g) In addition to the 2 required covered parking spaces, lon-site parking space shall be provided for each employee other than the operator, and I drop- off-pickup space shall be provided on-site or immediately adjacent to the subject property. C. Prohibited Uses (single-family dwellings). (1) Exterior stairways providing access from the ground level and/or the first floor to the second floor or above, when such stairways are not specifically required by the California Building Code. Excepting such stairways may be pennitted through the building pennit process in Planning District V on properties with a second story kitchen existing as of March 9, 1998. In such a case, a covenant shall be recorded on the title of the property stipulating the property is to be used only as a single-family dwelling. Exception: Exterior stairways may be permitted on single-family dwellings located within identified flood zones upon approval of a consent calendar plan review by the Planning Commission. Section 28-40 I. General Provisions. Lot Size. Open Space. Bulk and Yards. A. Minimum lot size: Width, interior lot.................................................................................. 50 ft. Width, corner lot ...................................................................................55 ft. Depth................................................................................................... 100 ft. Area, interior lot... ........... .... ......... ................................. ........... ...5,000 sq. ft. Area, corner lot ........... ......................................... .................... ...5,500 sq. ft. B. Density, lot area per dwelling unit.............................................5,000 sq. ft. C. Minimum floor area: Plimary Dwelling Units ..............................................................1 ,200 sq. ft. Efficiency Second Dwelling Units................................................. 150 sq. ft. One-Bedroom Second Dwelling Units ..........................................400 sq. ft. Two- or more Bedroom Second Dwelling Units ...........................600 sq. ft. D. Maximum height. main building and Second Dwelling Units ................................................2 stories max. 25 ft. (1) Ocean Avenue between First and Eighth Streets: Maximum height shall be 2 stories, or 25 feet, measured at the wall of the building nearest Ocean Avenue and the height of this roofline shall not be exceeded on the remainder of the lot E. Maximum height. accessory building: .................................................. 15 ft. F. Landscaping: ................................ 40% of Required Front Yard (minimum) G. Maximum floor area for Second Dwelling Units: Res 04-43 ZT A 04-3 Bndgeport Zomng doc 9 Planning CommIssIOn Resolution 04-43 Zone Text Amendment 04-3 RLD - 5000 and RLD - 3000 Zomng Dlstrzcl RegulallOns August 18, 2004 Detached Second Units ..................................................................800 sq. ft. Attached Second Units........................................... 30% of existing Primary Dwelling Unit living area H. Maximum lot coverage: ......... ................ ................... ................. ..... ....... 45% (1) Ocean Avenue between First and Eighth Streets:..................... 60% (2) College Park East..................Open patio covers permitted which do not exceed five percent ofthe lot area. I. Yard Dimensions (Minimums): (I) Front Yard Abutting Street ............................... 18 ft. front entry garage ................................................................................ 10ft. side entry garage (a) Ocean Avenue between First and Eighth Streets: Front- entry garages only are permitted:............... 18 ft front yard setback required (b) Except where 2nd floor decks existing as of January I, 200 I extend into the front yard setback area. In such situations, the second floor setback shall be the edge of the existing deck. (c) Living area must observe eighteen-foot front yard setback, except over a side entry garage where the living area may encroach to the front wall of the building and in no case less than ten feet from the front property line. (2) Side Yard Abutting Street ...................................15% lot width; ................................................................ Maximum required lOft. (3) Rear Yard Abutting Street and other Area Specified in Section 28-2316.2.(H).................................. 10 ft., except for the following: (a) Detached covered patio roofs, gazebos (over 50% of perimeter open) and sun screens (over 50% of perimeter open) are permitted within five (5') feet subject to the issuance of a building permit. Such structures shall have a maximum height of twelve (12') feet when located within ten (10') feet of the rear property line, are subject to the maximum lot coverage requirement, shall have a maximum covered area of 200 square feet and a maximum perimeter dimension (on anyone side) of fifteen (15') feet. (1) Subject to the issuance of a conditional use permit, and bound by all conditions of paragraph 1 above as well as any conditions imposed through the issuance of the use permit, the above listed structures may be constructed to the rear property line. (b) Detached accessory structures, excluding garages and habitable rooms, may be approved by the Planning Commission subject to consent calendar plan review approval. Such structures shall have a maximum height of twelve (12') feet when located within five (5') feet of the rear property line and are subject to the maximum lot coverage requirement. (4) Side Yard Not Abutting Street ....................................... .................. 5 ft. Ocean Avenue between First and Eighth Streets:.... ..............10% lot width; Minimum required 3 ft. (5) Rear Yard Not Abutting Street .....................................................10 ft.; ........................................................... except for the following exceptions: Res 04-43 ZT A 04-3 Bndgeport Zonmg doc 10 Planning Commission Resolution 04-43 Zone Text Amendment 04-3 RLD - 5000 and RLD - 3000 Zoning District Regulations AugUM 18, 2004 (a) Detached accessory structures, excluding garages and habitable rooms, may be approved by the Planning Commission subject to consent calendar plan review approval. Such structures shall have a maximum height of twelve (12') feet when located within ten (10') feet of the rear property line and are subject to the maximum lot coverage requirement. Additionally, such structures shall have a maximum covered area of 150 square feet and a maximum perimeter dimension (on any one side) of twelve (12') feet. (b) Uncovered decks designed as a level extension of the flat graded portion of a lot on those certain properties in the Residential Low Density Zone which abut the Hellman Ranch or Gum Grove Park, may be approved by the Planning Commission through the conditional use permit process. (c) Ocean Avenue between First and Eighth Streets 96 ft. (i) Walkway may extend a maximum of ten (10) feet into the rear yard. Balcony/deck may extend or project a maximum often (10) feet into or over the rear yard in the area below or at the second floor level (from street). Above the second floor level, eaves may project a maximum of five (5) feet over the rear yard, subject to Planning Commission approval of a consent calendar plan review application. Section 28-402. Required Parking. Parking Space Size. Fonn and Type. A. Parking Dimensions per space: .................................................10 ft. x 20 ft. 9 ft. x 20 ft. interior dimensions B. Number of spaces per unit: Primary Dwelling Units ....... ......... ............ .......... ................. ........................2 Second Dwelling Units ........................................... I per Efficiency Second Dwelling Unit or per bedroom for non-Efficiency Second Dwelling Units Notwithstanding the foregoing, the City may require that a One-Bedroom Second Dwelling Unit have two parking spaces if the City determines that the additional parking requirement is directly related to the use of the second unit and is consistent with existing neighborhood standards applicable to existing dwellings. C. Form: Primary Dwelling Units ................................................. Open & Accessible Second Dwelling Units ................................ Open & Accessible or Tandem Notwithstanding the foregoing, the City may require that a Second Dwelling Unit not use tandem parking if the City determines that tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. " D. ~: Garage (or carport by conditional use permit only) Res 04-43 ZTA 04-3 Bndgeport Zomng doc 11 Planning Commission ResolutIOn 04-43 Zone Text Amendment 04-3 RLD - 5000 and RLD - 3000 Zomng District RegulatIOns August J 8, 2004 E. Church parking: One space for each five fixed seats or one space for each 75 square feet of floor area used for assembly purposes and containing no fixed seats. Section 28-403. The Effect of Nonconforming Parking Space Dimensions on Structural Alterations. The prohibition against the enlargement, structural alteration or expansion of a non-conforming building shall not apply to residential buildings which are nonconfonning only by reason of a failure to comply with the provisions of this code as to the required dimensions of parking spaces or garages, provided the minimum size of an existing nonconfonning parking space is nine feet by nineteen feet interior dimensions with a minimum of twenty-four foot turning radius. Section 28-404. Use of Garages and Carports. All required garages and carports shall be used for short term parking of licensed passenger motor vehicles for persons residing on the premises. Required garages and carports shall not be used for storage of inoperable motor vehicles, boats, trailers, furniture, building materials or other materials, which would interfere with the parking oflicensed passenger motor vehicles. Section 28-405. (Repealed). Section 28-406. Roof-Mounted Mechanical Equipment. Roof-mounted mechanical equipment shall be architecturally screened. Section 28-407. Second Dwelling units. A. Definitions. (I) "Second Dwelling Unit" means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include pennanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling. A Second Dwelling Unit also includes Efficiency Units and Manufactured Homes, as those tenns are defined below. A Second Dwelling Unit is not an "Accessory Building." (2) "Efficiency Unit" means a separate living space with a minimum floor area of 150 square feet which contains partial kitchen or bathroom facilities. (3) "One-Bedroom Unit" means a separate living space that contains a living room, one bedroom, and full kitchen and bathroom facilities. (4) "Two-Bedroom Unit" means a separate living space that contains a living room, two bedrooms, and full kitchen and bathroom facilities. (5) "Manufactured Home" means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width, or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a pennanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. "Manufactured Home" shall also include any structure which meets all the requirements of this paragraph except the size requirements if the manufacturer of the structure complies with the statutory certification requirements for Res 04-43 ZT A 04-3 Bndgeport Zomng doc 12 Planlllng CommissIOn ResolutIOn 04-43 Zone Text Amendment 04-3 RLD - 5000 and RLD - 3000 Zoning Distrzct RegulatIOns August 18, 2004 manufactured homes and the standards set forth for manufactured homes in the California Health and Safety Code. B. Second Dwelling Units Permitted. An application for a Second Dwelling Unit that meets the standards contained in this section shall be approved ministerially without discretionary review or public hearing. C. Primary Dwelling Unit. A legal single-family dwelling (the "Primary Dwelling Unit") must exist on the lot or must be constructed on the lot in conjunction with the construction of the Second Dwelling Unit. D. Independent facilities. A Second Dwelling Unit shall provide independent living facilities for one or more persons and include permanent provisions for living, sleeping, eating, cooking, and sanitation. E. Zoning requirements. A Second Dwelling Unit shall comply with the same height, setback, lot size, lot coverage, and other applicable zoning requirements as apply to the Primary Dwelling Unit. F. Ownership. The property shall be the primary residence of the property owner. The owner must occupy either the Primary Dwelling Unit or Second Dwelling Unit as his or her primary principal residence. G. Deed restriction. The Second Dwelling Unit shall not be sold, transferred, or assigned separately from the Primary Dwelling Unit. Before obtaining a building permit for the Second Dwelling Unit, the owner of the lot or parcel shall file with the County Recorder a declaration or agreement of restrictions, which has been approved by the City Attorney as to its form and content, containing a reference to the deed under which the property was acquired by the owner and stating that: (1) The Second Dwelling Unit shall not be sold separately. (2) The Second Dwelling Unit shall be considered legal only so long as either the Primary Dwelling Unit or the Second Dwelling Unit is occupied by the owner of record of the property . (3) The restrictions shall be binding upon any successor in ownership of the property and lack of compliance shall result in legal action against the property owner. H. Impact on Historic resources. No Second Dwelling Unit may be approved iflocated on, or adjacent to, real property that is listed on the California Register of Historic Places. I. Architectural Compatibility. The Second Dwelling Unit shall incorporate the same or similar architectural features, building materials and colors as the main dwelling unit or dwellings located on adjacent properties." Section 3. Article 4.5 of Title 28 of The Code of The City of Seal Beach is hereby added to read: "Article 4.5 Residential Low Density Zone - 3000 (RLD - 3000 Zone) Section 28-450. Res 04-43 ZT A 04-3 Blldgcport Zomng doc 13 Planning ComnllsslOn ResolutIOn 04-43 Zone Te.:rt Amendment 04-3 RLD - 5000 and RLD - 3000 Zoning D1Strzct RegulatIOns August 18, 2004 A. Pennitted Uses. (I) One dwelling unit on each lot of record; (2) Accessory buildings or structures including private garages to accommodate not more than 3 automobiles; (3) Flower and vegetable gardening; (4) Animals and fowl as provided III Title 7,Chapter 7.05, Animals; (5) Home occupations; (6) Twenty-four hour foster care homes; (7) Small family day care homes, caring for up to 6 children; (8) Mobile homes in a mobile home park established by the issuance of an unclassified use permit; (9) Swimming pool used solely by persons residing on the site and their guests: (a) Pool setbacks: (i) Side property line - 4 feet. (ii) Rear property line - 4 feet. (b) Mechanical pool equipment: (i) Setback I foot from property line and 10 feet from neighboring residence, or 8 feet from neighboring residence with sound attenuation approved by City staff. (ii) Heater vent not to extend more than 6 inches above the nearest wall or fence. (10) Second Dwelling Units, pursuant to the requirements of Section 28-407. B. Conditionally Permitted Uses. (1) Garages with more than 3 parking spaces; (2) Public utility buildings; (3) Private churches, museums, libraries, schools and colleges; (4) Large family day care homes, caring for 7 to 12 children subject to the following regulations: (a) 75 square feet of outdoor play area, and 35 square feet of indoor play area shall be provided per child. The outdoor play area shall be contiguous usable area, enclosed by a 6- foot high masonry wall. Any gate entry shall be securely fastened and self- closing. (b) Large family day care homes shall be operated in a manner not exceeding the noise levels of the City of Seal Beach Noise Ordinance, nor shall such day care homes be operated in a manner that constitutes a noise nuisance to neighboring properties. (c) A permit shall not be granted for a large family day care home that would be established within a 300 foot radius of any existing licensed large family day Res 04-43 ZT A 04-3 Bndgeport Zonmg doc 14 Plannl11g CommISSIOn ResolutuJIl 04-43 Zone Text Amendment 04-3 RLD - 5000 and RLD - 3000 Zoning Distrzct Regulations August 18, 2004 care home, and within 500 feet of an existing licensed large family day care home on the street for which the home is proposed. (d) All large family day care homes shall comply with all regulations adopted and enforced by the State Fire Marshall and the Orange County Fire Department. (e) The applicant shall submit a copy of the Orange County Social Services License prior to the operation of the day care facility. (f) The applicant shall obtain a City business license prior to the operation of the day care facility. (g) In addition to the 2 required covered parking spaces, lon-site parking space shall be provided for each employee other than the operator, and 1 drop- off-pick- up space shall be provided on-site or immediately adjacent to the subject property. C. Prohibited Uses (single-family dwellings). (I) Exterior stairways providing access from the ground level and/or the first floor to the second floor or above, when such stairways are not specifically required by the California Building Code. Excepting such stairways may be pennitted through the building permit process on properties with a second story kitchen existing as of March 9, 1998. In such a case, a covenant shall be recorded on the title of the property stipulating the property is to be used only as a single-family dwelling. Exception: Exterior stairways may be pennitted on single-family dwellings located within identified flood zones upon approval of a consent calendar plan review by the Planning Commission. (2) Roof decks. Section 28-451. General Provisions. Lot Size. Open Space. Bulk and Yards. A. Minimum lot size: Width, interior lot.................................................................................. 30 ft. Width, corner lot ..................................................................................35 ft. Depth ................................................................................................... 80 ft. Area, interior 10t..........................................................................3 ,000 sq. ft. Area, corner lot ...................... ...... ....... ........................................3,000 sq. ft. B. Density. lot area per dwelling unit:.............................................3,000 sq. ft. C. Minimum floor area: Primary Dwelling Units ..............................................................1,200 sq. ft. Efficiency Second Dwelling Units................................................. 150 sq. ft. One-Bedroom Second Dwelling Units ..........................................400 sq. ft. Two- or more Bedroom Second Dwelling Units ...........................600 sq. ft. D. Maximum height. main building and Second Dwelling Units: ...............................refer to Tables 1 through 3 E. Maximum height. accessory building: .................................................. 15 ft. F. Landscaping: ...................................................... refer to Tables I through 3 Res 04-43 ZT A 04-3 Bndgeport Zonmg doc 15 Planmng CommiSSIOn Resolution 04-43 Zone Text Amendment 04-3 RLD - 5000 and RLD - 3000 Zomng Distrzct Regulations August 18, 2004 G. Maximum floor area for Second Dwelling Units: Detached Second Units .................................................................800 sq. ft. Attached Second Units..30% of existing Primary Dwelling Unit living area. H. Maximum lot coverage: ......................................... ................................ 67% 1. Yard Dimensions (Minimums): .........................refer to Tables I through 3 Section 28-452. Required Parking, Parking Space Size, Form and Tvpe. A. Parking Dimensions per space: .................................................10 ft. x 20 ft. 9 ft. x 20 ft. interior dimensions B. Number of spaces per unit: (1) Primary Dwelling Units: (a) Tract 9814. ...........................................refer to Table 3 (b) All other tracts.............................................................2 (2) Second Dwelling Units: ........................1 per Efficiency Second Dwelling Unit or per bedroom for non-Efficiency Second Dwelling Units Notwithstanding the foregoing, the City may require that a One-Bedroom Second Dwelling Unit have 2 parking spaces if the City determines that the additional parking requirement is directly related to the use of the second unit and is consistent with existing neighborhood standards applicable to existing dwellings. ' C. Fonn: (1) Primary Dwelling Units .......................................... Open & Accessible (2) Second Dwelling Units.......................... Open & Accessible or Tandem Notwithstanding the foregoing, the City may require that a Second Dwelling Unit not use tandem parking if the City determines that tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions." D. ~: .................................................................................................. Garage E. Church parking: 1 space for each 5 fixed seats or 1 space for each 75 square feet of floor area used for assembly purposes and containing no fixed seats. Section 28-453. The Effect of Nonconforming Parking Space Dimensions on Structural Alterations. The prohibition against the enlargement, structural alteration or expansion of a non-conforming building shall not apply to residential buildings which are nonconforming only by reason of a failure to comply with the provisions of this code as to the required dimensions of parking spaces or garages, provided the minimum size of an existing nonconforming parking space is 9 feet by 19 feet interior dimensions with a minimum of a 24 foot turning radius. Res 04-43 ZTA 04-3 BndgepOlt Zonmg doc 16 Planning ComnllsslOn ResolutIOn 04-43 Zone Text Amendment 04-3 RLD - 5000 and RLD - 3000 ZOning DISlrzct RegulatIOns August J 8, 2004 Section 28-454. Use of Garages and Carports. All required garages and carports shall be used for short term parking of licensed passenger motor vehicles for persons residing on the premises. Required garages and carports shall not be used for storage of inoperable motor vehicles, boats, trailers, furniture, building materials or other materials, which would interfere with the parking of licensed passenger motor vehicles. Section 28-455. Architectural Committee Approval Required. The City shall not review any plans for a building, fence, wall, swimming pool or structure until an approved building plan approved by the appropriate Architectural Committee for those Tracts within the RLD-3000 Zone that have an legally constituted Architectural Committee, as has been submitted to the City. Section 28-456. Roof-Mounted Mechanical Equipment. mounted mechanical equipment shall be architecturally screened. Roof- Res 04-43 ZT A 04-3 Bndgcport Zonmg doc 17 Plannmg Commission ResolutIOn 04-43 Zone Text Amendment 04-3 RLD - 5000 and RLD - 3000 Zomng District RegulatIOns August 18, 2004 RLD - 3000 Zone Specific Tract Development Standards TABLE 1 - TRACT 6345 Development 5.tandard Required Standard Building Setbacks: Front Yard: First Floor 6 feet - Lot 30 and 31 8 feet - All remaining lots. Front Yard. Second Floor 50 feet. Rear Yard 2 feet Intenor Side Yard 6 feet on one side - opposite side yard IS O-foot minimum setback. Street Side Yard 3 feet. Maximum Height Limit: 25 feet overall - 10 feet at Zero Side Yard for single story portion of residential structure, 12 feet at Zero Side Yard for two-story portion of residential structure Number of Stories: 2-Story Lots - MaXimum of 24 lots Allowable Floor Areas: First Floor 1,250 square feet minimum. Second Floor 300 square feet minimum; 800 square feet maximum. Fence Height: 3 feet In front yard setback area. 8 feet outside of front yard setback area Projections: Chimney 2 feet Into required interior Side yard. not exceeding 6 feet In length (Chimney projection not allowed In front, rear, or exterior side yard). Roof eaves - Rear Yard 1 foot Into public alley (includes garage door In open position). Required landscaping: 40% of required Front Yard. Patio Covers: Not permitted In front, rear, or side yard setback area. RLD - 3000 Zone Specific Tract Development Standards TABLE 2 - TRACT 6346 Development Standard Required Standard Building Setbacks: Front Yard: First Floor 8 feet - All lots except Lots 1 and 6. 7 feet - Lot 1; 4 feet - Lot 6. Front Yard. Second Floor 50 feet Rear Yard 2 feet. Res 04-43 ZT A 04-3 Btidgcport Zomng doc 18 Planning Comnussion ResolutlOll 04-43 Zone Text Amendment 04-3 RLD - 5000 and RLD - 3000 Zoning DISlrzct Regulations August 18, 2004 Intenor Side Yard 6 feet. Opposite Side Yard o feet. Street Side Yard 3 feet. Height Limit: 25 feet overall - 10 feet at Zero Side Yard for single story portion of residential structure, 12 feet at Zero Side Yard for two-story portion of residential structure Number of Stories: 2-Story Lots - Maximum of 38 lots. Allowable Floor Areas: First Floor 1,250 square feet minimum Second Floor 300 square feet minimUm, 800 square feet maximum. Fence Height: 3 feet In front yard setback area. 8 feet outside of front yard setback area. Projections: Chimney 2 feet Into required interior side yard not exceeding 6 feet In length (Chimney projection not allowed in front, rear, or exterior SIde yard). Roof eaves - Rear Yard 1 foot Into public alley (includes garage door In open position). Required landscaping: 40% of required Front Yard. Patio Covers: Not permitted In front, rear, or side yard setback area. RLD 3000 Zone Specific Tract Development Standards TABLE 3 - TRACT 9814 Development Standard Required Standard Building Setbacks: Front Yard' First Floor 12 feet - Lot 1, 4, 6, 9, 15, 17,20,24,25,27,29,31, 33. 10 feet - Lot 2, 5, 8, 10, 12, 16, 19, 21, 23, 26, 30 8 feet - Lot 3, 7, 11, 13, 14, 18,22,28, and 32. 6 feet - Lot 34,35. Front Yard: Second Floor 30 feet except as follows. 20 feet - Lot 13, 34, 35 Rear Yard 2 feet - Lots 1 through 24 8 feet - Lots 25 through 35. Intenor SIde Yard 6 feet. (Southwesterly Side) Interior Side Yard o feet - All lots except Lot 12 and 35. (Northwesterly Side) Street Side Yard 6 feet - Lot 1, 24 and 25. Height Limit: 25 feet overall - Lots 12, 13 and 35 25 feet overall - 12 feet within 3 feet of an exterior Side Yard - All other Lots Res 04-43 ZTA 04-3 BndgepOll Zomng doc 19 Plannzng CommIssion Resolulion 04-43 Zone Text Amendment 04-3 RLD - 5000 and RLD - 3000 Zoning Dislrict RegulatlO1ls August 18, 2004 Number of Stories: 1-Story Lots - Lot 1, 3, 7, 11, 18, 22, 24, 25, 28 2-Story Lots - All remaining lots. Fence Height: 3 feet In front yard setback area. 8 feet outside of front yard setback area Architectural Projections: 2 feet - except no fireplace or chimney structure allowed In first floor front yard setback area or rear yard setback area Required landscaping: Entire front yard setback area except entry walks and dnveways 6 square feet minimum in rear yard setback area Trash Enclosure: Minimum 2-foot by 4-foot area adjacent to rear yard setback area - all lots except 31, 32, 33, 34, and 35 TABLE 3 - TRACT 9814 (Continued) Patio Area: 240 square foot minimum - adjacent to 6-foot side yard setback area Patio Covers: Not permitted in front, rear, or side yard setback area Must have 50% open roof area and cannot be enclosed. Section 4. Paragraph (a) of subsection 2 of Section 28-300 of Article 3 of Title 28 of The Code of The City of Seal Beach is hereby revised to read as follows: "(a) RLD-3000 Residential Low Density Zone - 3000;" Section 5. Paragraphs (b) through (0) of subsection 2 of Section 28-300 of Article 3 of Title 28 of The Code of The City of Seal Beach are hereby renumbered as paragraphs (c) through (p), respectively. Section 6. A new Paragraph (b) is hereby added to subsection 2 of Section 28- 300 of Article 3 of Title 28 of The Code of The City of Seal Beach to read as follows: "(b) RLD-5000 Residential Low Density Zone - 5000;" Section 7. Subsection 1 of Section 28-506 of Article 5 of Title 28 of The Code of The City of Seal Beach is hereby revised to read as follows: "(1) Other provisions of the RLD-5000 and C-2 zones shall apply." Section 8. Paragraph (1) of subsection A of Section 28-700 of Article 7 of Title 28 of The Code of The City of Seal Beach is hereby revised to read as follows: "(1) All uses pennitted in the RLD - 5000 Zone." Section 9. Paragraph (1) of subsection B of Section 28-700 of Article 7 of Title 28 of The Code of The City of Seal Beach is hereby revised to read as follows: "(I) Unless otherwise permitted in Subsection A, all uses prohibited in the RLD - 5000 Zone." Section 10. Paragraph (1) of subsection A of Section 28-800 of Article 8 of Title 28 of The Code of The City of Seal Beach is hereby revised to read as follows: Res 04-43 ZT A 04-3 Bndgeport Zomng doe 20 Planning Commission Resolution 04-43 Zone Text Amendment 04-3 RLD - 5000 and RLD - 3000 Zoning Dlstrzct Regulations August J 8, 2004 "(1) All uses pennitted in the RLD - 5000 and RMD Zones." Section 11. Paragraph (I) of subsection B of Section 28-800 of Article 8 of Title 28 of The Code of The City of Seal Beach is hereby revised to read as follows: "(I) Unless otherwise permitted in Subsection A, all uses prohibited in the RLD - 5000 and RMD Zones." Section 12. The title of Article 10 of Title 28 of The Code of The City of Seal Beach is hereby revised to read as follows: "Article 10. Mobile Homes on RLD - 5000 Single Family Lots" Section 13. Subsection 1 of Section 28-1804, Permitted Signs, of Article 18 of Title 28 of The Code of The City of Seal Beach is hereby revised to read as follows: "(1) RLD - 5000, RLD - 3000, and RMD Zones. The following signs are permitted in the RLD - 5000, RLD - 3000, and RMD Zones:" Section 14. Paragraph (a) of subsection 2 of Section 28-1804, Permitted Signs, of Article 18 of Title 28 of The Code of The City of Seal Beach is hereby revised to read as follows: "(a) All signs pennitted in the RLD - 5000, RLD - 3000, and RMD Zones:" Section 15. Subparagraph (4) of Paragraph (A) of Subsection (I) of Section 28- 2316, Fences. Walls. Hedges and Screen Plantings, of Article 23 of Title 28 of The Code of The City of Seal Beach is hereby revised to read as follows: "(4) Except in the RLD - 3000 Zone, a wall, fence, hedge, or screen planting not more than forty-two (42) inches in height may be located in the required front yard setback from the point that a six (6) foot high fence, wall or screen planting is pennitted to the front property line, subject to the provisions of this section." Section 16. A new Subparagraph (5) is hereby added to Paragraph (A) of Subsection (1) of Section 28-2316, Fences. Walls. Hedges and Screen Plantings, of Article 23 of Title 28 of The Code of The City of Seal Beach to read as follows: "(5) Notwithstanding the preceding, in the RLD - 3000 Zone, a wall, fence, hedge or screen planting not more than thirty-six (36) inches in height may be located in the required front yard setback from the point that a eight (8) foot high fence, wall or screen planting is pennitted to the front property line, subject to the provisions of this section." Section 17. A new Paragraph (L) is hereby added to Subsection (2) of Section 28- 2316, Fences. Walls. Hedges and Screen Plantings, of Article 23 of Title 28 of The Code of The City of Seal Beach to read as follows: "(L) Eight (8) Foot Fences. In the RLD - 3000 Zone, eight (8) foot high fences may be constructed where six (6) foot fences are permitted by this chapter." Section 18. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or Res 04-43 ZT A 04-3 Bndgcport Zonmg doc 21 ~ Planning Commission ResolutIOn 04-43 Zone Text Amendment 04-3 RLD - 5000 and RLD - 3000 Zoning DiMrzct RegulatIOns August 18. 2004 phrase thereof, irrespective of the fact that anyone or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared invalid or unconstitutional. Section 19. The City Clerk shall cause this ordinance to be published in accordance with applicable law. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the day of ,2004. Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } 1, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing Ordinance is an original copy of Ordinance Number on file in the otlice of the City Clerk, introduced at a meeting held on the day of , 2004, and passed, approved and adopted by the City Council of the City of Seal Beach at a meeting held on the day of , 2004 by the following vote: AYES: Councilmembers NOES: Counci1members ABSENT: Councilmembers ABSTAIN: Councilmembers and do hereby further certify that Ordinance Number has been published pursuant to the Seal Beach City Charter and Resolution Nwnber 2836. City Clerk Res 04-43 ZT A 04-3 Bndgcport Zomng doc 22